Managing AI Data in Pretrial Discovery

This blog reported on Judge Jed Rakoff’s widely discussed “AI is not your lawyer” pronouncement in United States v. Heppner. The court’s conclusion that attorney-client privilege was waived with respect to information that a client divulged to a consumer-grade generative artificial intelligence tool – when coupled with other recent court rulings explaining that AI-generated data can be discoverable electronically stored information – was something of a wake-up call for lawyers. And it’s sent... By: Esquire Deposition Solutions, LLC